The mining industry’s legal challenge against certain clauses in the Mining Charter took a new turn after a court ruling demanded the participation of community organisations, unions and other social parties in proceedings.
The judgment made the argument that the charter, which is a document drawn up to give effect to parts of the Mineral and Petroleum Resources Development Act and transform the racial make-up of the mining industry, was aimed at broad participation in the sector, and it would be wrong to exclude them from this legal challenge mounted by the council.
“A key issue in the 2017 case and in this case too, is whether the charter is law or policy,” the three judges said. The department noted the 12 groups, which included a broad coalition of communities, organised labour and black-owned mining companies, had been intimately involved in the formulation of the 2018 charter after extensive talks.The 2018 charter conferred ownership rights to host communities, trade unions and mining entrepreneurs and specified how this would be conferred, they said.
The legal rights of these 12 parties would not be adequately met through applications of be “friends of the court” as the council had argued, they said. “It would consequently endure disadvantage, which not only prejudices it but would also preclude the court from fully and fairly determining the issues before it,” they said.
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